Stockport Town City Zoning Code
ARTICLE IIIA
Supplementary Regulations for Specific Districts
§ 120-20.1 Hamlet (H) District.
A.
Residential lot size diversity. A variety of lot sizes should be provided to eliminate the appearance of standardized lots. For residential developments, lot areas and lot widths shall vary at random to the greatest extent possible, in order to eliminate the appearance of a standard subdivision. To the extent possible, no more than two lots in a row shall have the same width. Lots shall vary by a minimum of five-foot increments.
B.
Lot widths. Widths shall range from 50 feet minimum, to 80 feet maximum.
C.
Build-to line. Each street shall be designed with a uniform build-to line that shall establish the front yard setback for the lots on the block. The function of the build-to line is to form a distinct street edge and define the border between the public space of the street and the private space of the individual lot. The build-to line shall fall between the minimum and maximum front yard setbacks. The minimum front yard setback is defined in the Schedule of Area and Bulk Regulations. The maximum front yard setback shall be 150% of the minimum front yard setback. In areas of existing development where existing buildings fall within the minimum and maximum front yard setbacks, the build-to line shall be designed to create the greatest uniformity on the block. In areas of existing development where existing buildings do not fall within the minimum and maximum front yard setbacks, the build-to line shall be designed as the closest line within the minimum and maximum front yard setbacks so as to create as much uniformity on the block as possible.
D.
Diversity in design. In major subdivisions, building mass, design, and floor plans shall be such to create significant visual differences between structures, and new building shall be consistent with the traditional character of Stockport. Monotony and similarity shall be minimized through use of changes in facade planes, use of porches, changes in location of entryway, varying the width of the unit, and varying roof orientation, roof styles, and trim detailing.
E.
Accessory structure setback, rear. The rear setback for an accessory structure (excluding rear-loaded garages and carports) shall be a minimum of five feet.
F.
Neighborhood and architectural development standards.
(1)
General. The standards established in this section are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding uses and historic buildings in the hamlet. These standards are intended to be general in nature and not to restrict creativity, variety or innovation.
(2)
Standards for new commercial buildings and major residential subdivisions. All new buildings and remodeling or expansions of existing buildings, exclusive of buildings determined to be historic/architecturally significant, shall meet the following minimum structural and development standards:
(a)
Building placement. Buildings shall define the streetscape through the use of uniform setbacks along the build-to line for each block. The build-to line shall be generally continued across side yard setback areas between buildings by using landscaping. The streetscape shall also be reinforced by lines of closely planted shade trees, and may be further reinforced by walls, hedges or fences which define front yards.
(b)
Architectural character. Buildings may be either traditional in their architectural character, or be a contemporary expression of traditional styles and forms respecting the scale, proportion, character and materials of historic village and hamlet structures.
(c)
Architectural variety. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
(d)
Front facade. The front facade of the principal building on any lot shall face onto a public street. The front facade shall not be oriented to face directly toward a parking lot.
(e)
Fire escapes. Fire escapes shall be located to the rear of buildings or to the side if not possible on the rear.
(f)
Garages, carports and secondary units shall be located a minimum of 20 feet behind the front facade of the principal building.
G.
Street layout.
(1)
The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern. New development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible.
(2)
The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate sunlight to reach structures, and minimize street gradients.
(3)
All streets shall terminate at other streets or at public land, except low-volume residential streets may terminate in stub streets when such streets act as connections to future phases of development.
(4)
To the greatest extent practical, streets shall either continue through an intersection, or terminate with a "T" intersection directly opposite the center of a building, or a view into an open space area.
(5)
The use of culs-de-sac and other roadways with a single point of access shall be used only where no other alternatives exist. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided for by connecting sidewalks that link the end of the cul-de-sac with the next street or open space.
(6)
A minimum of two interconnections with the existing public street system shall be provided where practical. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where practical.
(7)
Intersections shall be at right angles whenever practical, but in no case less than 75°. Low-volume streets may form three-way intersections creating an inherent right-of-way assignment (the through street receives precedence) that significantly reduces accidents without the use of traffic controls.
(8)
To slow turning vehicle traffic and shorten pedestrian crosswalks, the roadway edge at street intersections shall be rounded by a tangential arc with a maximum radius of 15 feet for local streets and 20 feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of 10 feet.
(9)
Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Clear sight triangles shall be maintained at intersections.
(10)
Streetscape standards. Streets shall be designed to serve as a public space that encourages social interaction and that balances the needs of all users, including pedestrians, bicyclists and automotive traffic. To create the appropriate character of the street as a public space, the following streetscape specifications shall apply:
(a)
Planting strips. Sidewalks shall be separated from street curbs by a planting strip not less than five feet wide, planted with shade trees.
(b)
Shade trees.
[1]
Shade trees shall be provided along each side of all streets, public or private, existing or proposed, but not including alleys. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified.
[2]
Shade trees shall be located in the planting strip between the street curb and the sidewalk.
[3]
Shade trees shall have a minimum caliper of four inches measured at chest height at time of planting, and shall be spaced a maximum of 30 feet on center, with exact spacing to be evaluated on a site-specific basis.
[4]
No more than 40% of the street trees shall be of one species. The particular species of shade trees shall be determined upon specific location requirements. Species shall be selected to cast moderate to dense shade in summer, survive more than 60 years, have a mature height of at least 50 feet, be tolerant of pollution, heat, and salt, require little maintenance by being mechanically strong (not brittle), and be insect- and disease-resistant. Care should be taken to avoid species that suffer from limb drop and splitting, heavy fruit or nut crops, invasive root systems, or allergen production.
[5]
Street trees shall be grown to at least American Nursery Association Standards, shall be balled and burlap or crated nursery stock, and shall be irrigated and fertilized for a minimum of two years after installation. Any tree that dies within two years of planting, or any tree that is removed, shall be replaced with the same species and size. The applicant shall be responsible for all fees and costs associated with planting or replanting required trees as per § 120-20.1G(10).
[6]
Suggested street trees include, but are not limited to:
[a]
Green ash.
[b]
Hackberry.
[c]
Littleleaf linden.
[d]
Pin oak.
[e]
Red oak.
[f]
Thornless honey locust.
[g]
Village green zelkova.
H.
Performance standards for commercial uses in the Hamlet District.
(1)
The proposed use shall not constitute a nuisance to the neighborhood due to hours of operation, noise or loitering.
(2)
The emission of smoke, gas, dust, odor, or other atmospheric pollutant shall be reasonably minimized outside the building in which the use is conducted.
(3)
Untreated or insufficiently treated wastes shall be prevented from discharge into any watercourse.
(4)
Vibration, heat or electromagnetic interference shall not be disseminated beyond the immediate site on which the use is located.
(5)
No use shall be permitted that present's physical hazard by reason of fire, explosion, radiation or any similar cause.
(6)
No use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air-quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction due to the design or capacity of the street system, the relationship of such proposed use to surrounding or nearby commercial or residential uses or other factors affecting air pollution arising from mobile source activity.
(7)
Vehicular-oriented commercial land uses, such as car washes, and drive-through businesses shall be designed in a way that minimizes any potentially disruptive effects on the pedestrian orientation of the district.
(8)
Shop-front design. Shop-front design shall be based upon historic examples in the area. A minimum of 50% of the front facade on the ground level shall be transparent, consisting of display windows or door openings allowing views into and out of the interior to create visual interest at the street level. Windows shall be distributed in a more or less even manner consistent with the rhythm of voids and solids of historic buildings, and shall have low sills and high lintels consistent with the window proportions of historic buildings. Doorways, windows and other openings in the facade shall be proportioned to reflect pedestrian scale and movement.
(9)
Entries. Primary entries to shop-fronts shall be emphasized through the use of architectural features such as roofs, recessions into the facade, pilasters or other details that express the importance of the entrance.
(10)
Mechanical equipment. All mechanical equipment such as furnaces, air conditioners, elevators, transformers, and utility equipment, whether roof- or ground-mounted, shall be completely screened from contiguous properties and adjacent streets in a manner that is compatible with the architectural treatment of the principal structure.
(11)
Landscaping. All portions of properties that are subject to site plan review and that are not intended for development shall remain in their natural state or be suitably landscaped with planting of trees and shrubbery. Landscaping shall minimize erosion and stormwater runoff, provide necessary buffering and generally work to blend the proposed use with the character of the Town.
(a)
A landscaping plan shall be prepared by a landscape architect, architect, engineer or other qualified professional, and approved by the Planning Board during site plan review.
(b)
A landscape plan shall include plant selections suitable for the specific site. Native species of both deciduous and coniferous plants shall be included in the plan whenever possible.
(c)
Healthy trees with diameters of 12 inches or greater measured at chest height shall be marked on the plan and preserved to the extent possible.
(d)
Pedestrian pathways shall be covered with crushed stone, bark, gravel, brick, stone, or paved as appropriate, to allow drainage and prevent erosion.
(e)
Construction practice and planting specifications should follow ANSI Z60.1 American Standards for Nursery Stock.
(f)
Maintenance. All planting shown on an approval landscape or site landscape or development plan shall be maintained throughout the duration of the use, and plants not so maintained shall be replaced in accordance with the plan's specifications.
(g)
Blank end walls that are visible from the road or adjacent residences shall be landscaped.
(h)
Transformers, gas meters, dumpsters, etc. shall be screened.
(12)
Loading and service areas. When adjacent to residential uses, loading and service areas must be screened with a visually impervious buffer zone, except at access points, from the ground-level view from contiguous property and adjacent streets. All loading and service areas shall be screened from view from adjacent streets.
(13)
Outdoor storage. There shall be no outdoor storage of either materials or products.
(14)
Trash storage. Trash storage and recycling areas shall be completely enclosed and screened from public view and adjoining buildings in a manner compatible with the architectural treatment of the principal structure.
(15)
All trademarked architecture (for example, Taco Bell/Long John Silver's in Greenport) is prohibited.
I.
The incorporation of small, landscaped, front yards should be encouraged with any new residential or commercial use.
J.
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged in the hamlets.
K.
The adaptive reuse of historic structures should be encouraged in such a way so as to complement the character of the existing hamlet.
L.
Where practicable, new buildings adjacent to significant historic structures should be designed in a manner consistent with the general architectural features of such historic structures in terms of form, materials, and roof shape and the design and placement of windows.
§ 120-20.2 Residential (R) District.
A.
Section 120-20.3B(2) (Rural Residential District) regarding conservation or clustered layout shall also apply to the Residential District.
B.
Design guidelines for the Residential District. The following minimum design standards shall be met for all major subdivisions to encourage diversity in design and subdivision layout. All density, lot size, dimension, and other requirements of the Town of Stockport Zoning shall also be met. The Planning Board shall review the following standards as part of the preliminary plat and ensure that all standards are met in the approved final plat.
(1)
Building placement and build-to-line. Each street shall be designed with a build-to line that shall establish the front yard setback for the lots on the block. The function of the build-to line is to define the border between the public space of the street and the private space of the individual lot. The build-to line shall fall between the minimum and maximum front yard setbacks. The minimum front yard setback is defined in the Schedule of Area and Bulk Regulations. The maximum front yard setback shall be 200% of the minimum front yard setback.
(2)
Variation of lot width and area. Lot areas and lot widths shall vary at random to the greatest extent possible, in order to eliminate the appearance of a standard subdivision. To the extent possible, no more than two lots in a row shall have the same width. Lots shall vary by a minimum of five-foot increments.
(3)
A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
(4)
The scale of new construction, including the arrangement of windows, doors and other openings within the building facade, shall be compatible and consistent with adjacent buildings in the existing neighborhood.
(5)
The front facade shall face onto a public street.
(6)
Exterior materials and roof materials should be similar in appearance to those found on adjacent buildings within the neighborhood.
(7)
Buildings shall have a variety of different roof overhang profiles.
(8)
In major subdivisions, building mass, design, and floor plans shall be such to create significant visual differences between structures and new building shall be consistent with the traditional character of Stockport. Monotony and similarity can be minimized through use of changes in facade planes, use of porches, changes in location of entryway, varying the width of the unit, and varying roof orientation, roof styles, building orientation, and trim detailing.
(9)
Front-facing garages shall be located a minimum of 20 feet behind the front facade of the principal building or shall be side-loaded, if attached.
(10)
There shall be no blank walls. Windows shall comprise a minimum of 15% of the square footage area of each facade.
(11)
All utility facilities, waste receptacles, HVAC and other mechanical equipment shall be fully screened whether they are at grade level or on a rooftop. Appropriate methods include, but are not limited to fencing, vegetation, false facades, berms, and structural screening.
§ 120-20.3 Rural Residential (RR) District.
A.
Density calculation. Density shall be adjusted to account for environmental limitations that may be present on a parcel and to further meet the purposes of the adopted Town of Stockport Comprehensive Plan and this chapter. This section describes a "net-density" method of calculating development potential on a parcel. All acreage within a parcel is included in the density calculation, but different environmental features that may be present are eligible for different development densities. This environmental control formula is designed so that all lands except floodways and open water are allowed to be counted towards the final, adjusted net density. The following areas of constrained land shall be deducted from the total gross tract area:
(1)
Wetlands: multiply the acreage present on the parcel in designated wetlands by 0.95, and subtract this amount from the total acreage.
(2)
Floodway and areas of open water: multiply the acreage present on the parcel that are within the floodway by 1.0, and subtract this amount from the total acreage.
(3)
Floodplains: multiply the non-wetland portion of the one-hundred-year floodplain present on the parcel by 0.50, and subtract this amount from the total acreage.
(4)
Steep slopes: multiply the acreage of land present on the parcel having slopes exceeding 15% by 0.25, and subtract this amount from the total acreage.
(5)
If a portion of the parcel contains more than one of the above natural features subject to a deduction from the total tract acreage, that acreage shall be subject to the most restrictive deduction only.
(6)
Allocation of density. All lots created or remaining from the original parcel shall have at least one allocated dwelling unit unless that land or lot is being permanently joined to an adjacent parcel which either contains an existing dwelling or has allocated to it the right to construct at least one dwelling.
(7)
Monitoring lot splits. The Town of Stockport recognizes that proper administration of a net density approach described in this section is important in meeting the intent of this chapter. The following procedures have been established to help ensure proper monitoring of lot splits:
(a)
An official parcel map indicating existing lots, parcel numbers, and land ownership shall be established along with an official register containing this information.
(b)
The Town shall maintain a record of the estimated allotment of dwelling units possible under this chapter for each parcel under review.
(c)
The Planning Board shall calculate density allotments as per § 120-20.3A of this chapter.
(d)
A property owner submitting a subdivision plan shall be required to specify on his/her plan and on any approved final plat, which lot or lots shall carry with them the right to erect or place any unused allocation of dwelling units the tract may have.
(e)
As allotments are used up, the official parcel map and register shall be updated to reflect these changes.
(f)
The Official Map and register shall be maintained by the Planning Board upon final approval of each subdivision and copies made available for inspection by the public.
B.
Development guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Rural Residential District:
(1)
Maintain existing woodlands and wooded areas along roads to the greatest extent possible and used to screen new development.
(2)
The Planning Board shall require that all major subdivisions be designed with a conservation or clustered layout. Location of house sites within the subdivision shall be determined to protect critical environmental features including, but not limited to, steep slopes, wetlands, floodplains, and open water. In addition, the use of a conservation subdivision or clustered plan is specifically required when the parcel contains, in whole or in part, one or more of the following:
(a)
State and/or federal freshwater wetlands occupy 25% or more of the site.
(b)
Slopes of greater than 20% occupy 25% or more of the site.
(c)
The site contains a floodplain or flood hazard area as mapped by the Federal Emergency Management Agency's Flood Insurance Maps.
(d)
The site contains a Critical Environmental Area as designated under Part 617 of the Environmental Conservation Law (SEQRA).
(e)
The lot or parcel is included within an Agricultural District.
(f)
The lot or parcel is under a Forestry Management Plan.
(3)
Development shall minimize clearing of land on steep slopes. See also § 120-36A, standards for development on steep slopes.
(4)
Where ravines occur, all development shall be placed a minimum of 25 feet from the edges.
(5)
No development shall occur within 100 feet of a DEC classified stream bank as per § 120-27 of this chapter.
(6)
Ensure the provision of adequate water supply, sewage disposal and transportation infrastructure in ways that protect the health, safety and welfare of residents and that are consistent with rural character and continuing maintenance of open spaces.
(7)
Retain existing tree rows and hedgerows, stone walls, and similar features in the development of any new use or the expansion of any existing use to the maximum extent practical.
(8)
For commercial uses, any off-street parking or loading areas, accessory structures, or storage for a commercial use shall be screened from adjacent properties by landscaping or fencing.
(9)
New streets should be designed with rural characteristics including minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practical. Wherever feasible, retain and reuse existing old farm roads and lanes rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)
(10)
Building envelope placement should minimize placement of new structures in the center of former agricultural fields and should instead, take advantage of hedgerows or other natural features that could be incorporated into the layout.
(11)
Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities shall be avoided.
(12)
Minimize the number of curb cuts on existing roads and utilize shared driveways and linked/shared parking where possible.
(13)
Use existing vegetation and topography to buffer and screen new buildings if possible. Group buildings in clusters or tuck them behind tree lines or knolls rather than spreading them out across the landscape in a "sprawl" pattern.
(14)
Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Use curves in the driveway to increase the screening of buildings.
(15)
Minimize crossing of steep slopes with roads and driveways. When building on slopes, take advantage of the topography by building multilevel structures with entrances on more than one level (e.g., walkout basements, garages under buildings), rather than grading the entire site flat. Use the flattest portions of the site for subsurface sewage disposal systems and parking areas.
§ 120-20.4 Commercial/Light Industrial (CLI) District.
A.
Minimum lot area, yard, setback and height requirements. See Schedule of Area and Bulk Regulations (Yard, Area and Bulk Requirements).[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Principal uses. See Schedule of Use Regulations.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Accessory uses. Uses customarily accessory to and subordinate to a principal use are allowed.
(1)
Location. An accessory structure shall not be located in a front yard setback. An accessory structure may be located within and/or outside the parameters of the required side yard or rear yard provided. Such accessory structures shall be set back 10 feet from any lot line.
(2)
Height. An accessory structure shall not exceed a height of 18 feet or a height of 50% of the height of the principal structure, whichever is greater.
(3)
Maximum coverage. The total lot coverage of all accessory structures shall not exceed 5% of the total lot area.
D.
In addition to other requirements of this chapter, the following specific regulations for the district shall be met:
(1)
Buildings, parking areas, access aisles, and parking spaces for commercial/industrial uses facing or adjacent to property zoned for residential use shall be set back an additional 100 feet from the minimum yard setback to provide a visual and noise buffer zone.
(2)
The one-hundred-foot additional buffer zone, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to completely screen the parking area from neighboring properties and streets.
(3)
The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
E.
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Commercial/Industrial District:
(1)
Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(2)
Buildings composed of closed sided covered structures are encouraged.
(3)
Truck loading and unloading is confined to on-site areas. All loading and unloading areas shall be shielded from view from the main roadways.
(4)
All equipment, electrical substations, and mechanical devices shall be shielded from view from the main roadways.
(5)
All outdoor storage of goods, trash, or materials shall be shielded from view from the main roadways.
(6)
Parking lots, access driveways, and streets shall be designed to avoid and minimize the potential for pedestrian/vehicle conflicts.
(7)
All streets shall be designed to permit the installation of electric, water, sewer, and gas utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(8)
The scale and mass of buildings shall be reviewed by the Planning Board during Site Plan Review to determine if they are compatible with that of adjacent and nearby buildings as viewed from the street. For example, to minimize the apparent scale of buildings greater than 40 feet in width, facades facing the main street could be broken by periodic setbacks, and rooflines should include offsets and changes in pitch. Other design features such as porches or cupolas, window bays, separate entrances and entry treatments, or the use of sections that may project or be recessed may also be used.
(9)
In addition to the above, all parking, lighting, landscape, and sign requirements of this chapter shall be met.
§ 120-20.5 Conservation (C) Overlay District.
A.
Density of development. For parcels that are fully within the C District, one single-family home per existing parcel shall be allowed. For parcels that are partially within the C District, all buildings shall be placed on lands outside the Conservation District boundary to the maximum extent possible, and housing density shall be calculated according to the requirements of the underlaying base district using only the area of the parcel that is outside of the C District.
B.
Location of building sites. For parcels that are partially within the C District, all land disturbance activities, including but not limited to house sites, yards, driveways, and septic systems, shall be located out of the Conservation Overlay Area and placed on that portion of the parcel having nonconstrained areas to the maximum extent possible. For parcels that are partially within the C District, and also within the Agricultural Overlay District, all land disturbance activities including, but not limited to house sites, yards, driveways, and septic systems shall be located out of the Conservation Overlay Area and placed on that portion of the parcel having no active agricultural operations to the maximum extent practical. Additionally, placement of structures shall follow all the siting requirements of the Agricultural Overlay District.
C.
Site plan approval. For parcels fully within the C District, or parcels without adequate area outside the C District to accommodate all development outside the C District, site plan approval shall be required prior to development of the single-family home. The Planning Board shall review all building envelopes prior to issuance of a building permit. During review, the building envelope shall be placed in the least constrained location of the parcel and careful consideration must be given to not only the environmental quality of the parcel, but to the scenic quality.
D.
Nonresidential uses. Passive recreation, agriculture, and forestry are the preferred land uses within the Conservation Overlay District. Best management practices as detailed by New York State are encouraged to be used for these land uses.
§ 120-20.6 Agriculture (A) Overlay District.
A.
Purposes. The purposes of the Agricultural Overlay District, among others, are as follows:
(1)
To protect and maintain the Town's farmland for continued or future agricultural use including operating farms, lands that contain prime agricultural soils, soils of statewide significance within Agricultural Districts;
(2)
To implement the Town Comprehensive Plan, which contains the goals of protecting rural and agricultural lands, discouraging incompatible nearby land uses, and promoting agriculture as a component of the local economy;
(3)
To support and protect farming by stabilizing the agricultural land base;
(4)
To separate agricultural land uses and activities from incompatible residential, commercial, industrial development, and public facility development;
(5)
To prevent fragmentation of the Town's existing farming community by nonfarm development; and
(6)
To reserve the Town's most productive soils for agriculture.
B.
Density calculation. Density shall be calculated according to the requirements of the Rural Residential District, but shall be adjusted to take into consideration the presence of important farmland soils as follows. The adjusted tract acreage shall be determined by multiplying the acreage classified as being a prime farmland soil or soils of statewide importance by the numerical density factor for that category of constrained land. In addition to the other deductions pursuant to § 120-20.3A, the following soil types shall be deducted from the total gross tract area:
(1)
Areas of prime farmland soils or soils of statewide importance: multiply the acreage of land on the parcel with these soils by 0.50, and subtract this amount from the total acreage.
C.
Buffering of existing farms from new uses. Buffer zones adjacent to actively farmed land shall be established to reduce the exposure of nonfarm uses to odors, noise, and other potential nuisances associated with the agricultural operation and to protect the agricultural operation from potential complaints related to same. Such buffer zones may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features and shall be no less than 50 feet in width in addition to the required setback for that district. Buffer zones may be required to be larger depending upon the type of agriculture or farm use adjacent to the nonfarm use, the topography and the proposed design and planting of such buffer zone. It shall be the responsibility of the nonfarm applicant, subject to approval by the Planning Board, to provide an effective buffer zone that will reasonably protect adjacent nonfarm and residential living areas from agricultural procedures.
D.
Residential development. Recognizing the potential incompatibility of certain agricultural procedures (namely, chemical spraying and dusting) and residential development, the following provisions shall be adhered to:
(1)
All deeds of new residential units shall contain references to notes that shall be placed on the subdivision plat relative to the hazards and nuisances (noise, odors, hazardous chemical use, etc.) to which residents of such dwelling unit willingly subject themselves to.
(2)
Unrestricted flow of stormwater runoff from such developed property will not be allowed to drain directly into agricultural operations. Site plans and subdivision plats must include provisions for retention/detention ponds or infiltration basins to contain such runoff.
E.
Siting guidelines for residential development. Residential subdivision in the Agricultural Overlay District shall conform to the additional standards set forth in Subsection E(1), (2), and (3) below.
(1)
Clustered or conservation subdivision design shall be required for all new residential development on lots greater than 10 acres, and where more than three new lots are to be created within the Agricultural Overlay District. All surficial soils classified as prime farmland soils (class 1 and 2) or soils of statewide significance (class 3 and 4) should be avoided by subdivision development to the greatest extent practical.
(a)
At least 50% of the parcel shall be permanently preserved and made available for agricultural use. This portion of the parcel shall be identified on the plat and shall be protected by an easement or deed restriction which prevents future subdivision of that portion of the parcel.
(2)
All new residences not subject to the clustered or conservation subdivision design provision shall avoid being built on prime soils or soils of statewide importance to the maximum extent practicable. For all development, other existing features whose preservation would benefit the Town and the subdivision should be avoided through sensitive design of the cluster subdivision or building site. Such features include but are not limited to:
(a)
Groves of mature trees.
(b)
Large individual trees.
(c)
Hedgerows.
(d)
Woodlands along roadways, property lines, and streams.
(e)
Scenic vistas.
(f)
Water features such as streams, ponds, floodplains, lakes and wetlands.
(g)
Stone walls.
(h)
Steep slopes in excess of 20%.
(i)
Habitats of endangered or threatened species.
(j)
Visually prominent agricultural landscape features such as fields, pastures and meadows on knolls and hilltop.
(k)
Historic structures or sites.
(l)
Similar irreplaceable assets.
(3)
Residential structures in the A District shall be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts):
(a)
On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use;
(b)
Away from the boundaries of any farm, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm;
(c)
Residential siting should be developed in a manner which results in the least amount of fragmentation of active farmlands.
(d)
In such a manner that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses;
(e)
To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection E(2) above;
(f)
To be as visually inconspicuous as practical when seen from state, county and local roads, and particularly from any designated scenic routes;
(g)
Next to other residences or building lots on adjacent properties;
(h)
To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads;
(i)
On suitable soils for subsurface sewage disposal;
(j)
Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland, to reduce encroachment upon agricultural soils, provide shade in summer and shelter in winter, and to enable new residential development to be visually absorbed by the natural landscape;
(k)
In locations where the greatest number of dwelling units could be designed to take advantage of solar heating and solar electric opportunities; and
(l)
Any other mitigation measure imposed under SEQR.
F.
Required disclosure. In the case of any proposed residential development that abuts agricultural uses, the Planning Board shall require the applicant to issue a disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins land used for agricultural purposes. Farmers have the right to apply approved chemical and organic fertilizers, pesticides, and herbicides, and to engage in farm practices which may generate dust, odor, smoke, noise and vibration." This disclosure shall be required as a note on a subdivision plat or site plan, and may also be required to be made through other means reasonably calculated to inform a prospective purchaser, such as by posting, distribution of handbills, inclusion in an offering plan or real estate listing information sheet, or letter of notification. This section may also be applied to any commercial development at the discretion of the Planning Board.
G.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 120-4. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
§ 120-20.7 Automobile Salvage Planned Development District. [1]
A.
Legislative intent.
(1)
The automobile salvage business is recognized as economically sound and growing, and its operation is a significant source of local employment. A salvage operation is also in the broader public interest, as it affords an economical method of recycling wrecked or junk cars which would otherwise be a solid waste disposal problem.
B.
Automobile Salvage Planned Development District boundaries.
(1)
The boundaries of the Automobile Salvage PDD are shown on the PDD Zoning Map, dated January 9, 1997 (modified April 2, 1997) that is part of this section.[2]
[2]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Authorized land uses within the Automobile Salvage PDD.
(1)
This subsection sets forth the authorized land uses permitted within the Automobile Salvage PDD. If not specifically permitted herein, a use is prohibited.
(2)
The principal permitted land use and development within the PDD is the operation of an automobile dismantling and recycling operation on the east side of State Route 9, including a building for dismantling and parts inventorying, wholesale and retail sales of auto parts and sales support facilities.
(3)
All use operations shall be conducted within the enclosed buildings, except for outdoor storage and retrieval of salvaged automobiles and parts and intermittent car-crushing operations.
(4)
All uses, including parking, automobile processing, automobile storage, car crushing and other outdoor activities elsewhere within the PDD shall occur exclusively at the locations and at the scale depicted on the site plan, dated January 7, 1997, and modified June 16, 1997, and described as the conceptual site plan, which is annexed to and a part of this section.
(5)
All PDD lands on the west side of State Route 9 shall be used solely for the purpose of parking registered, personal motor vehicles owned by active employees of the automobile salvage operation.
(6)
A utility right-of-way and high-voltage electric transmission line owned and operated by Niagara Mohawk Power Corporation bisects the PDD. These PDD use provisions do not apply to the operation of the transmission line. No automobile salvage use or development shall occur within the area of the utility right-of-way with the exception of crossing the right-of-way.
(7)
In addition to conformance with this section, all use and development of PDD lands shall be in conformance with any requirements imposed by the Town of Stockport Planning Board pursuant to Articles VI and VII, § 120-58.[3]
[3]
Editor's Note: So in original.
D.
Development criteria and conditions.
(1)
All automobile salvage operations within the PDD shall be under one common ownership. There shall be no subdivision of lands within the PDD, and no area variance shall be granted within the PDD.
(2)
Access to PDD lands on the east side of State Route 9 for any purpose related to automobile salvage shall be solely by a maximum of two New York State Department of Transportation (NYSDOT) approved curb cuts as depicted on the conceptual site plan. The PDD land south of the utility right-of-way shall be accessed solely by a perpendicular crossing of the utility right-of-way located more than 500 feet east of Route 9, which is shown on the conceptual site plan. There shall be no access maintained or created to the PDD from lands zoned residential or residential conservation.
(3)
Notwithstanding the above limitation on access, access to Parcel B for purposes of land maintenance and similar non-business uses conducted by the owner of said land, his agents and invitees, shall be permitted from State Route 9 by an existing private drive to Parcel B as shown on the conceptual site plan.
E.
Area and bulk standards.
(1)
The following area and bulk standards apply to the PDD and supersede any different or inconsistent area or bulk standards contained in other sections of the Land Use Law. These area and bulk standards are also depicted on the conceptual site plan.
(a)
Maximum structure height: 35 feet.
(b)
Minimum building setback: 95 feet from the front property line.
(c)
Minimum parking setback with landscaping: 15 feet from the rear and side property lines and 15 feet from the front property line.
(d)
Minimum outdoor storage setback: 25 feet from the front property line and 25 feet from the side and rear property lines.
(e)
Minimum landscaped buffer zone. For areas of the PDD on the east side of State Route 9 which are within 500 feet of State Route 9, landscaped buffers shall be 15 feet in width from the front property line and 15 feet in width from the side property line. Along the most southerly boundary of the PDD, the landscaped buffer shall extend at least 400 feet easterly from State Route 9. Along the Niagara Mohawk right-of-way and along the most northerly boundary of the PDD, landscaped buffer zones shall extend at least 500 feet easterly from State Route 9 and shall generally conform to the buffer zones shown on the conceptual site plan.
(f)
Minimum open space. Minimum open space is comprised of environmentally sensitive areas, minimum storage setbacks, minimum parking setbacks or landscape buffer zones. No storage or any salvage-related use shall occur in any minimum open space area. Notwithstanding the preceding sentence, vehicles may be operated within the minimum storage setback areas for the purpose of depositing or removing stored vehicles.
(2)
If at the time of enactment of this section, the owner of the automobile salvage facility is not in compliance with this minimum open space requirement, he will establish to the satisfaction of the Planning Board during site plan review a schedule to bring the salvage facility in compliance. This schedule shall be enforceable by the Town to the same extent as any other site plan condition imposed by the Planning Board.
F.
Compliance with other provisions. The uses within the PDD are subject to the supplementary regulations contained in Article IV pertaining to a CLI District unless different standards are contained in this section. The PDD shall meet all noise standards in Article IV applicable to residential districts.
G.
Limitation on stacking of vehicles. No stacking of vehicles shall be permitted outside the proposed process area depicted on the conceptual site plan.
H.
Continuation of nonconforming setbacks for parking. The Planning Board shall, at the time of site plan review, authorize the continuation of the nonconforming setback of the existing curbed parking lot in front of the existing building on the east side of State Route 9 as shown on the conceptual site plan.
I.
Planning Board considerations at site plan review.
(1)
At the time of site plan review, plans for the removal in accordance with all local, state and federal law of the existing derelict structure and any underground storage tanks or other improvements that may exist on Parcel C and the redevelopment of Parcel C as an employee vehicle parking area with NYSDOT approved access, if required, shall also be submitted to the Planning Board at the time of application for site plan review.
(2)
A part of the overall landscaping and fencing plan and schedule submitted to the Planning Board at the time of application for site plan review and approval of the proposed building expansion, a plan and schedule for extension of the fence on the north boundary of the PDD to at least the depth of front building setback. Such additional fencing and installation of the required front landscaped buffer zone shall occur within 18 months of site plan approval.
J.
Areas within the PDD where activity prohibited.
(1)
As indicated on the Conceptual Site Plan, there are no New York State Department of Environmental Conservation (NYSDEC) classified streams or wetlands within the Planned Development District to which NYSDEC regulations and/or the special permit requirements set forth in § 120-27 might apply. With respect to the low-lying drainage swale within the PDD, the other environmentally sensitive area and the buffer zones depicted on the conceptual site plan, all land use and development within the district, except for vehicle and scrap removal and erosion control activities, shall avoid disturbance to those areas.
K.
Handling of wastes.
(1)
All land uses and development within the PDD shall comply with the requirements applicable to commercial/industrial generators of solid and hazardous wastes with respect to storage, transportation and disposal of such wastes. No on-site waste disposal shall be allowed, except for burning of waste oil for heating purposes under a valid NYSDEC permit or exemption from regulation.
(2)
All automotive fluids shall be removed from vehicles during processing and prior to long-term storage, and all waste petroleum or oils, gasoline, antifreeze or other automotive fluids shall be consigned to a permitted waste hauler or transporter for proper off-site disposal. At no time shall operations within the PDD District exceed NYSDEC permitting thresholds for a waste tire storage facility in the applicable DEC Part 360 regulations in effect on the date of enactment of this section.
(3)
The owner of the salvage operation shall provide a sworn statement to the Town of Stockport Code Enforcement Officer at the time of the owner's annual renewal of his junkyard license, stating that all fluids have been removed from all vehicles salvaged on the property since the date of this section's enactment or the date of the last license renewal, whichever is later.
(4)
As a condition of a junkyard license renewal, the owner of the salvage operation shall, at the time of his application for renewal of his junkyard license, provide the Town of Stockport Code Enforcement Officer with copies of all manifests from waste haulers who, since the date of this section's enactment or the date of the last license renewal, whichever is later, have transported automotive fluids removed from automobiles salvaged within the PDD.
L.
Restrictions on hours of operation. Due to the adjacency of the PDD to dwellings and lands within the Residential District, the following restrictions on the hours of business use shall apply:
(1)
Sunday operations shall not include outdoor dismantling or outdoor processing of vehicles or car-crushing operations.
(2)
Car-crushing operations shall be limited to the period of 7:00 a.m. through 7:00 p.m., Monday through Friday.
(3)
No work either outside the enclosed building or beyond the process area depicted on the conceptual site plan shall be permitted on any day between the hours of 9:00 p.m. and 6:00 a.m. except for two-hour towing.
M.
Conflict with other laws.
(1)
Unless otherwise provided herein, the provisions of this section control and supersede inconsistent provisions contained in any other law of the Town of Stockport.
[1]
Note: The Automobile Salvage Planned Development District was formed under the previous Town Zoning Code, Article VII, Planned Development District. That article has been removed from the current Zoning Code.
§ 120-20.8 Columbia Springs Planned Development District. [1]
A.
Legislative intent.
(1)
The Columbia Springs Planned Development District (CS-PDD) is intended to be an integrated residential district allowing for greater density than currently permitted under the zoning provisions in the Town Code. The greater density will allow a significant portion of the 128.71 acres comprising the CS-PDD to remain as open space. The Columbia Springs Planned Development District will also incorporate architectural design elements that will assure that the residences constructed in the district will be consistent and in harmony with the historical architecture in the hamlet of Stottville.
B.
Columbia Springs Planned Development District boundaries.
(1)
The boundaries of the Columbia Springs Planned Development District are shown on the Land Use District Map that is part of this section, and more specifically described in the Town of Stockport Local Law No. 4 of 2011 "Exhibit "B," PDD Description.[2]
[2]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Open space.
(1)
No structure shall be constructed in the CS-PDD except in the areas designated for construction in the Town of Stockport Local Law No. 4 of 2011 "Exhibit "C" with the exception of park structures associated with the use of the open space areas. Prior to final approval, the developer shall convey a conservation easement designating the open space areas in the CS-PDD to remain undeveloped in perpetuity. The Planning Board shall determine the suitability of the entity receiving the conservation easement. There shall be no variances granted from this provision. The property owned by National Grid is exempt from the provisions of this section, but only for the construction, maintenance, repair, or replacement of structures and poles necessary for electric utility purposes.
D.
Planning Board authority.
(1)
The development process and approval of improvements in the CS-PDD shall be in accordance with the applicable provisions contained in Chapter 105 of the Town Code and Article 16 of the New York Town Law. The Planning Board may approve a phased development of the CS-PDD.
E.
Allowable uses.
(1)
The following uses as defined in Chapter 120 are allowed in the CS-PDD property owned by the developer:
(a)
Residential.
[1]
One-family dwellings.
[2]
Two-family dwellings.
[3]
Multiple dwellings.
[4]
Row or attached dwellings.
[5]
Accessory structures.
[6]
Open space park structures.
[7]
Public utility poles and structures incidental to the provision of utilities to other permitted structures in the CS-PDD.
[8]
Low-impact home occupations.
(2)
Any use not listed in Subsection E(1)(a) above is prohibited.
F.
Minimum lot size.
(1)
Lots in PDD Area 1 of the CS-PDD shall be exclusively for townhouse units with common party walls. There shall be no more than 36 townhouse units in PDD Area 1, and each townhouse unit shall have a minimum of 1,300 square feet of interior living space and shall be conveyed as a separately deeded lot.
(2)
Individual lots in PDD Area 2 of the CS-PDD shall be a minimum of 1/4 acre. They shall have a minimum street frontage of 60 feet, and a minimum lot width of 60 feet.
G.
Architectural standards.
(1)
Any structure to be constructed in the CS-PDD, other than public utility structures, shall be designed and constructed in accordance with the architectural standards in Appendix A of this chapter.[3] The Town Building Inspector shall issue no building permit or a certificate of occupancy for any structure that does not comply with the architectural standards and no variance or waiver from those standards shall be granted. Any building permit application shall be accompanied by an authorization from the CS-PDD developer or the CS-PDD homeowner's association stating that the building plans conform to the architectural standards for structures in the CS-PDD. Nothing in this section shall prohibit the CSPDD developer, a homeowner's association, or a design review committee from independently enforcing rules and regulations concerning compliance with the architectural standards in Appendix A of this chapter.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
H.
Variances.
(1)
Because of the high density permitted in the CS-PDD, the planned uniformity in appearance of the lots and structures within the CS-PDD, no area variances will be allowed in the CS-PDD. Any area variance would be substantial in effect and would have a significantly adverse effect on the CS-PDD. The Town Board intends this section to supersede the provisions of § 267-b of the Town Law which pertains to the granting of area variances by the Zoning Board of Appeals.
I.
Issuance of building permits.
(1)
No building permit shall be issued for any structure in the CSPDD unless the Town Board determines that the following conditions have been met by the developer:
(a)
The CS-PDD is adequately serviced with public sewer and water;
(b)
The roads and sidewalks providing access to the CS-PDD have been properly constructed, will provide safe access to the CS-PDD, and will be adequately maintained;
(c)
The developer has created a homeowners' association approved by the Attorney General's Office of the State of New York which will be responsible for the maintenance of the common areas of the CS-PDD.
(2)
The Town Board may waive Subsection I(1)(a) or (b) of the above requirements upon the posting by the developer of a performance bond or other security as provided in Town Law §§ 274-a and 277.
J.
Unless otherwise provided herein, the provisions of this section control and supersede inconsistent provisions contained in any other law of the Town of Stockport.
[1]
Note: The Columbia Springs Planned Development District was formed under the previous Town Zoning Code, Article VII, Planned Development District.
§ 120-20.9 Flood-Fringe Overlay District.
A.
All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to the special use permit procedure provided by Article V of this chapter, including those special design requirements stated in § 120-40 of that article, and shall meet all requirements of Chapter 68, Flood Damage Prevention, of the Code of the Town of Stockport and any amendments to it.
B.
No more than 25% of the required minimum lot area may be fulfilled by land which is under water or subject to periodic flooding, as delineated by the FF-O District. All minimum front, side and rear yard requirements must be satisfied by measurement wholly on dry land, except that, for purposes of this section, land which is covered by a stream less than five feet in average width at mean water level or land covered by a pond not exceeding 15 feet in greatest dimension or 150 square feet in surface area at normal high water level shall not be considered as being under water.
C.
All uses proposed within the Flood-Fringe Overlay (FF-O) District shall be considered special permit uses subject to review by the Planning Board for compliance with all flood damage prevention standards, and shall be certified to by a registered architect or licensed professional engineer.
D.
Any special permit issued for a use proposed within the Flood-Fringe Overlay District shall include as a condition the additional requirement that certification by a registered architect or licensed professional engineer of as-built compliance with the approved plans be submitted to the Town Code Enforcement Officer prior to either use of the property or the issuance of a certificate of occupancy for the intended use or structure. This certification shall be maintained by the Code Enforcement Officer as a permanent public record available for inspection.
§ 120-20.10 Senior Citizen Overlay District.
A.
Purpose. The purpose of this article is to create within the Town a zoning district specifically for locating high-density, senior citizen housing that would otherwise be prohibited under Chapter 120.
B.
Definitions. Unless defined differently in this article, all terms have the same meaning as they do in the provisions of Chapter 120.
C.
Use restrictions. This zoning district shall be restricted to and used only to provide affordable senior citizen housing for individuals and couples with at least one partner 62 years of age or older or for an "individual with a disability" or an "individual with a handicap" as those terms are defined in Title 7, Section 1944.205, of the Code of Federal Regulations.
D.
Minimum lot size and coverage. Senior citizen housing must be constructed on a lot with a minimum size of two acres. The maximum lot coverage for any senior citizen housing complex shall be 60% of the total lot area. This lot coverage limitation includes in its calculation structures, parking areas, and outdoor storage areas.
E.
Additional district reviews.
(1)
A senior citizen housing complex is a permitted use if located wholly within the Senior Citizen Overlay District (SC) shown on the adopted Land Use District Map.
(2)
Regardless of its location, a senior citizen housing complex is subject to site plan review by the Stockport Planning Board pursuant to Article VI of this chapter. The site plan review shall take into consideration that requirement that the impact of a senior citizen use shall be substantially equivalent to those impacts produced by uses otherwise allowed for land within the base zoning district. During review, impacts shall be considered related to the type of living units, number of living units, number of residents, and the demand on public facilities and services generated. The design and operating characteristics of the senior use shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. Consideration shall be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any on desirable neighborhood character; and to the generation of traffic and capacity of surrounding streets.
F.
Setbacks. There shall be a minimum side yard setback of 20 feet. There shall be a minimum rear yard setback the depth of which is at least 25 feet. There shall be a minimum front yard setback of 10 feet. The Planning Board may as a condition of its site plan review require landscaping and/or protective plantings within these setback areas, and planting or landscaping must be designated on any final site plan approved by the Planning Board.
G.
Parking.
(1)
There shall be 1 1/2 parking spaces for each dwelling unit and additional adequate parking as determined by the Planning Board for employees, delivery vehicles, and nonresidents. Parking spaces shall otherwise conform to the requirements of § 120-23. There shall be provided such space as necessary for adequate ingress, egress and turning.
(2)
Parking spaces within 10 feet of any wall that contains windows other than a bathroom window with a sill height of less than eight feet above the level of the parking space shall be prohibited. The Planning Board may require protective plantings between the parking area and the residential complex.
(3)
Ten percent of such spaces shall be designated handicapped parking stalls.
H.
Outdoor public area.
(1)
Two hundred twenty five square feet of usable, maintained space per dwelling unit shall be provided within the boundaries of the housing complex property as contiguous outdoor public space. This space shall be landscaped and contain seating areas for the use of the complex residents. It shall provide a mixture of shaded and sunny areas for the use and enjoyment of the senior citizens in the spring, summer and fall. The site plan shall contain a detailed depiction of the outdoor public area, and the applicant for the construction of the senior citizen housing complex shall demonstrate to the satisfaction of the Planning Board plans for the continued maintenance of the outdoor public area.
(2)
The outdoor public area shall not be adjacent to the parking area and shall be exclusive of walks, parking, roadways, and setbacks.
I.
Indoor recreational space. There shall be provided not less than 10 square feet of usable indoor recreation area per dwelling unit.
J.
Trash, storage and service areas. Trash, storage and/or service areas shall not be located or operated in such a manner as to be detrimental to the visual quality of the primary use nor to negatively impact adjacent properties by means of noise, odor, appearance, or other characteristics. In approving such areas, the Planning Board may impose buffer zones consisting of walls, landscaping, berms, or any combination thereof.
K.
Lighting. All parking areas and walkways shall be provided with suitable lighting so arranged as to direct light away from adjoining lots in any residence district and away from any public street.
L.
Sewer and water. No use permit shall be issued to a senior citizen housing complex unless the complex is in an area serviced by municipal water and sewer lines. No building permit shall be issued to for the construction of a senior citizen housing complex until the permit applicant has provided the Town or its designee with written documentation from the appropriate governmental body determining that the complex and its residents will be supplied with a safe and adequate water supply and that the sewage disposal plan for the complex meets all federal, state and local laws and regulations.
[Amended 5-22-2002 by L.L. No. 2-2002]
M.
Minimum number of dwelling units and minimum unit size.
(1)
One-bedroom apartments shall be a minimum of 650 square feet.
(2)
Two-bedroom apartments shall be a minimum of 750 square feet.
N.
Height restrictions. No building shall be greater than 2 1/2 stories high and in no event greater than 35 feet high.
O.
Use of basement or cellar space. No basement or cellar shall be occupied as living or sleeping quarters.
P.
Laundry facilities. All senior citizen housing complexes shall provide laundry facilities to accommodate the number of units proposed within the complex. The minimum number shall be one washer and one dryer per each 10 units, with a complex minimum of two washers and two dryers.
Q.
Applicability of other provisions. Unless inconsistent with the provisions of this article, all other provisions of the Code of the Town of Stockport apply to uses within the Senior Citizen District.
R.
Accessory structures. Accessory structures may not occupy more than 40% of the area of the rear yard and not more than 15% of the total lot area, to an average height of not more than 20 feet.
S.
Density. No dwelling complex authorized hereby shall be erected or altered to accommodate or make provision for more than 25 dwelling units per acre or more than a proportionate number of dwelling units on any fractional part of an acre, and for the purpose of this section, a dwelling unit shall be such combination of rooms with provisions for living, cooking, sanitary and sleeping facilities for one or two individuals.
T.
Design standards for senior citizens housing shall be specifically designed for the elderly and include facilities generally associated with the needs and interests of aged persons. Such facilities shall include safety bars and rails in units, emergency signal system, adequate exterior lighting for security, ramps and other provisions required for elderly persons by state law or federal regulation.
U.
Senior citizen use guarantees. Prior to occupancy of any parcel developed pursuant to the senior citizen overlay district, the project's sponsor shall provide documentation limiting the use of the project to senior citizen housing or for an "individual with a disability" or an "individual with a handicap" as those terms are defined in Title 7, Section 1944.205, of the Code of Federal Regulations, exclusively and vesting in the Town the right to enforce such limitation until and unless it determines that any proposed alternate use complies fully with regulations pertaining to the underlying district. Such documentation may consist of subdivision dedication, covenants, or conditions and restrictions pertaining to the parcel or a recordable use restriction. Any such documentation shall be in a form satisfactory to the Town Attorney.
V.
Application procedures submittal requirements for zoning permits or special use permits shall be the same as those provided for in this chapter for other special use permits, zoning permits, or site plan reviews.
§ 120-20.11 Adult Entertainment Overlay District.
A.
Siting requirements. All adult entertainment establishments as defined and mapped in this chapter are allowed in the Adult Entertainment Overlay District upon the granting of site plan approval and a special permit by the Planning Board. All adult entertainment uses shall comply with the following requirements:
(1)
No adult entertainment establishment shall be located within the following designated areas:
(a)
Within 500 feet from the nearest boundary line of any residential zoning district.
(b)
Within 1,000 feet from the nearest property line of any public or private school, any municipal building open to the general public; any church or other religious facility; any public park or recreation area and any principal or accessory private recreational facility use; and any group day-care center, family day-care center, nursing home and hospital.
(c)
Within 1,000 feet from the nearest property line of any other entertainment establishment.
(2)
Not more than one adult entertainment use or adult business uses shall be located in the same building or upon the same lot or parcel of land.
(3)
Adult entertainment uses shall be on a minimum parcel size of three acres and have a maximum building footprint of 10,000 square feet.
(4)
All adult entertainment uses shall have a two-hundred-fifty-foot front setback.
B.
Additional siting requirements:
(1)
The Planning Board may require complete screening of the building containing an adult entertainment use from all adjacent roads. Such screening may be a vegetated buffer or fencing appropriate to the character of the area.
(2)
An adult entertainment use shall not be allowed within a building containing other retail, consumer or residential uses, or within a shopping center, shopping plaza, or mall.
(3)
The appearance of buildings for adult uses shall be consistent with the appearance of buildings in similar (but not specifically "adult") use, and not employ unusual color or building design which would attract attention to the premises.
(4)
There shall be screening of windows and doors to prevent the public's view of the interior from any public or private right-of-way or abutting property.
C.
Sign requirements.
(1)
Sign content shall identify the name of the establishment only and shall contain no advertisement in addition to the identification of the use. Only one identification sign to be mounted on the building wall face shall be allowed for an adult use. All other signs, whether on the exterior of the building or visible from the exterior of the building, are prohibited.
(2)
No adult entertainment establishment may have any flashing lights visible from outside the establishment. Furthermore, no sign shall rotate or contain reflective or fluorescent elements.
(3)
No pictures, publications, videotapes, movies, covers or other advertising items that fall within the definition of an adult bookstore, adult entertainment use, adult motion-picture theater, adult paraphernalia store, adult paraphernalia store, or adult video store shall be displayed in the windows of, or on the building of, any adult entertainment use establishment.
D.
A site plan shall be prepared and submitted to the Town of Stockport Planning Board in accordance with Article V and VI of this chapter. The site plan shall also show the appropriate distances between the proposed adult entertainment establishment and any residential zoning district, public or private school, church or other religious facility, public park or recreation area, group day-care center, family day-care center, nursing home and hospital, municipal building, and any other adult entertainment establishment(s).
E.
All applications for a special permit to the Planning Board must include the following information:
(1)
Names and addresses of the legal owner(s) of the adult entertainment use.
(2)
Name and addresses of all persons having a fee, equity and/or security interest in such establishment. In the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the Planning Board will know who the persons are who will actually own and control the establishment.
F.
Special permits shall be granted for adult entertainment uses only upon determination by the Planning Board that the location and design of the facility are in harmony with its surroundings.
G.
In approving a special permit, the Planning Board may attach such conditions, limitations and safeguards as are deemed necessary to protect the immediate area and the Town; provided, however, that no such conditions in fact prohibit the use of the property for the use intended. Conditions of approval may include but are not limited to the following:
(1)
Street, side or rear setbacks greater than the minimum required by this bylaw.
(2)
Screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other means.
(3)
Modification of the exterior features or appearances of the structure.
(4)
Regulation of number, design and location of access drives or other traffic features.